Remedies for dissatisfaction with the final administrative adjudication, and remedies for dissatisfa

Updated on society 2024-02-25
3 answers
  1. Anonymous users2024-02-06

    You may apply for administrative reconsideration or, if there is evidence, you may apply for a retrial.

  2. Anonymous users2024-02-05

    In principle, no further relief can be obtained from a retrial judgment, but there are three exceptions where an application may be made to the procuratorate for a procuratorial suggestion or a prosecutorial counter-appeal. When citizens are dissatisfied with the court's decision, there are the following remedies: 1. Appeal:

    Where a party is dissatisfied with the first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served. 2. Application for retrial:

    Where parties find that a judgment or ruling that has already taken legal effect is in error, they may apply to the people's court at the level above for a retrial; In cases where one of the parties is large or both parties are citizens, an application may also be made to the original people's court for a retrial. Where parties apply for a retrial, enforcement of the judgment or ruling is not stopped. 3. Apply to the procuratorate for a protest:

    In any of the following circumstances, the parties may apply to the people's procuratorate for a procuratorial suggestion or a prosecutorial counter-appeal.

    1. Can the court judgment be changed?

    The court judgment can be changed. The prerequisite for correction is that there is an error in the judgment. If the first-instance judgment does not take effect, it may be appealed to the court at the next higher level, and the court at the next higher level may change the judgment; If the second-instance judgment or the first-instance judgment has already taken effect, an appeal may be made within 6 months, or an appeal may be filed with the procuratorate requesting the procuratorate to raise a counter-appeal.

    The case entered a retrial and the verdict was reversed. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

    2. What to do if the court decides that the divorce is unfair?

    If the court decides that the divorce is unfair, you may file an appeal or apply for a retrial. Where a party is dissatisfied with the first-instance judgment of a local people's court, the socks have the right to appeal to the people's court at the level above within 15 days from the date on which the judgment is served. Where a judgment or ruling that has already taken legal effect is found to be in error, an application may be made to the people's court at the level above for a retrial.

    Civil Procedure Law of the People's Republic of China

    Article 164:Where parties are dissatisfied with the first-instance judgment of a local people's court, they have the right to appeal to the people's court at the level above within 15 days of the judgment being served. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

    Article 199:Where parties feel that a judgment or ruling that has already taken legal effect is in error, they may apply to the people's court at the level above for a retrial; In cases where one of the parties is large or both parties are citizens, an application for retrial may also be made to the original people's court. Where parties apply for a retrial, enforcement of the judgment or ruling is not stopped.

    Article 209:In any of the following circumstances, parties may apply to the people's procuratorate for a procuratorial suggestion or prosecutorial counter-appeal: (1) the people's court rejects the application for retrial; (2) The people's court has not made a ruling on the application for retrial within the time limit; (3) There are obvious errors in the retrial judgment or ruling. The people's procuratorate shall conduct a review of a party's application within three months, and make a decision on whether to submit or not to submit a procuratorial suggestion or prosecutorial counter-appeal.

    Parties must not apply to the people's procuratorate again for a procuratorial suggestion or prosecutorial counter-appeal.

  3. Anonymous users2024-02-04

    The administrative adjudication procedures conducted by administrative organs for disputes arising from administrative acts between civil subjects generally include a series of procedures, such as accepting an application, filing a case for review, conducting an investigation, and making a ruling. After the award is made, the parties shall enforce it.

    Article 61 of the Administrative Litigation Law of the People's Republic of China: In administrative litigation involving administrative licensing, registration, expropriation, requisition, and rulings made by administrative organs on civil disputes, the people's courts may hear them together if the parties apply to resolve the relevant civil disputes together. In administrative litigation, if the people's court finds that the trial of the administrative case needs to be based on the judgment of the civil litigation, the town may rule to suspend the administrative litigation.

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